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Closings - Lenders Not Meeting Commitments and The Results

By
Managing Real Estate Broker with Heart Realty Group, Inc.. IL-471.002355

After the 3rd try of trying to buy a home my buyer was a bit wary when it was time for the closing.  It had been delayed once because the lender was not able to give a clear to close the previous week.  We did our walkthrough and she was starting to get a bit excited.  It had been a long road trying to get this far.

All she had been approved we had lost one deal when their were multiple offers and the 2nd deal had fallen apart because the townhome had been listed as a condo and the new FHA rules required an approved condo project and the owners did not get it approved and had no desire to go through the process.

We made it to the title company in Aurora to be told that the lender had not sent in the closing documents.  Having had the same thing happen with this lender on a previous transaction I knew it was going to be a long day.

I tried to keep my buyers focus on the end result but to make this a short and bitter post - we did not close - the lender was unable to get the closing package to the title company in time.  No fault of my buyer, the mortgage broker or anyone who had been involved - just the lender's own internal process getting hosed up by some process that was not done correctly.

The losers are the seller who was bringing money to the closing, the buyer who was not able to close and move into the home she had waited for over a month for and of course, both realtors and attorneys who spent all day trying to make it happen and failed.

I don't like to fail.  I immediately tried to solve the problem but it was too late.  My buyer has decided to hold off on buying a home ...a couple of months or maybe a year.  Her employer is making changes and she wants to make sure she will be still around when they are through.  She saw the failure to close as a sign that perhaps she should wait.

Perhaps she is right.  I saw it as a sign that I would never do another transaction with this end lender if I had any say in the matter.  Their arrogance in not meeting their deadline left a bad taste in my mouth.  The mortgage broker felt like his reputation was hurt by the end lender not meeting their commitment after approving the loan.

Win some - you lose some...this lender lost a lot.  With 7 people involved in the transaction that will talk about them to at least 2 or more people each plus the closer and other employee's of the title company their name will be tossed around as a company that you don't want to do business with by a lot of people.

I don't need a 3rd transaction to come close to failing to know that this lender is out!

Posted by

Evelyn Santiago

Managing Broker/Owner - 630-251-0059

Heart Realty Group, Inc.

We are Passionate About Real Estate!

Doug Rogers
RE/MAX Coastal Properties - Destin, FL
Your Real Estate Resource!

Sorry! It is frustrating when stuff like this happens. Too bad about your buyer. I would tell her the only "sign" is the big "L" on the mortgage company's forehead!

May 31, 2010 07:38 AM
Leslie Ebersole
Swanepoel T3 Group - Saint Charles, IL
I help brokers build businesses they love.

Did you pick the mortgage broker and lender or did your buyer? Why would you use a lender who messed up a previous transaction? I remember your recent post about a bad experience at a title company -- is this the same buyer? It seems like maybe your buyer was right on the edge of qualifying, and maybe there were closing conditions that couldn't be satisfied? I can't think of why else a lender wouldn't fund an approved loan and a buyer would completely walk away. I'm sure you know this but I would stay away from buildings where the FHA approval is not in place -- no amount of hoping can guarantee that FHA approval is received and properly recorded in time. I know, it's tough to close some of these deals and hindsight is 20/20. But I would certainly find a new LO and lender who you can trust to only approve deals they can complete. It might be harder up front but that's better than what you and your client have gone through. I have a great list of LOs I'd be happy to share...and maybe we can compare notes on who to avoid.

May 31, 2010 08:03 AM
Dee Mayers
Covina, CA
San Gabriel Valley, CA

You said: "I saw it as a sign that I would never do another transaction with this end lender... I don't need a 3rd transaction to come close to failing to know that this lender is out!"

If another buyer comes to you with a pre-approval from this lender you would not represent them, or would you tell them to have a back up lender?

As you said win some, lose some, I hope this buyer will keep you in mind when she is ready to buy again.

May 31, 2010 08:24 AM
Evelyn Santiago, Managing Broker Heart Realty Group, Inc.
Heart Realty Group, Inc.. - Oswego, IL
Passionate About Real Estate & Our Clients!

Thanks for all your comments.  As you all know mortgage brokers get to choose from a variety of end lenders.  As a former loan originator I have a bit more knowledge than the average realtor on how that end of the business works.  Most mortgage brokers try to get the lowest possible rates and this end lender has great rates and the mortgage broker's company does a lot of volume with them.  Unfortuantely, we used them because our buyer had already been approved wtih them on the 2nd deal that felt apart due to lack of disclosure from the listing agent/owner regarding the fact that the property was recorded as a condo eventhough it was actually a 2 floor townhome.  So since she was already approved it was easier to resubmit with the new property instead of starting all over with a new lender.  All conditions were met but the lender took too long in its quality review which each file goes through after traditional underwriting.  In the old days (before the current market) files were randomly selected to go through QA but not anymore - all files go through this additional step and that is why it is taking longer to get files through plus the closing documents can only be ordered after the QA step. 

This was a  different buyer than the previous post but the same end lender.  I have worked with the mortgage broker on other deals that went through withoug a hitch so this was my first time actually having a deal fall apart at closing where we could not get the deal through.  Dry closings are one thing, this was a totally different animal.

If I have another buyer come through I will definitely give them my experience with the end lender and I would recommend that the mortgage broker find another end lender to deal with that has a more reliable closing record.  If the rates are low it does no one any good if it doesn't close.

The buyer will probably use me again once her work situation is solidified again.  I had worked with her last year and she had decided to wait and she contacted me again this year. 

May 31, 2010 02:19 PM